Senate Study Bill 3204 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to civil liability for social hosts providing
  2    alcoholic beverages to persons under legal age.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6393XC 82
  5 rh/rj/5

PAG LIN



  1  1    Section 1.  Section 123.92, unnumbered paragraph 3, Code
  1  2 2007, is amended to read as follows:
  1  3    Notwithstanding section 123.49, subsection 1, any person
  1  4 who is injured in person or property or means of support by an
  1  5 intoxicated person who is under legal age or resulting from
  1  6 the intoxication of a person who is under legal age, has a
  1  7 right of action for all damages actually sustained, severally
  1  8 or jointly, against a person who is not a licensee or
  1  9 permittee and who dispensed or gave any beer, wine, or
  1 10 intoxicating liquor to the intoxicated underage person when
  1 11 the nonlicensee or nonpermittee who dispensed or gave the
  1 12 beer, wine, or intoxicating liquor to the underage person knew
  1 13 or should have known the underage person was intoxicated, or
  1 14 who dispensed or gave beer, wine, or intoxicating liquor to
  1 15 the underage person to a point where the nonlicensee or
  1 16 nonpermittee knew or should have known that the underage
  1 17 person would become intoxicated.  If the injury was caused by
  1 18 an intoxicated person who is under legal age, a person who is
  1 19 not a licensee or permittee and who dispensed or gave beer,
  1 20 wine, or intoxicating liquor to the underage person may
  1 21 establish as an affirmative defense that the intoxication did
  1 22 not contribute to the injurious action of the underage person.
  1 23 For purposes of this paragraph, "dispensed" or "gave" means
  1 24 the act of physically presenting a receptacle containing beer,
  1 25 wine, or intoxicating liquor to the underage person, or
  1 26 deliberately and knowingly making available a receptacle
  1 27 containing beer, wine, or intoxicating liquor to the underage
  1 28 person with direct knowledge that the underage person intends
  1 29 to consume the beer, wine, or other intoxicating liquor, but
  1 30 without physically presenting such receptacle to the underage
  1 31 person, whose actions or intoxication results in the
  1 32 sustaining of damages by another person.  However, a person
  1 33 who dispenses or gives beer, wine, or intoxicating liquor to
  1 34 an underage person, or who deliberately and knowingly makes
  1 35 available a receptacle containing beer, wine, or intoxicating
  2  1 liquor to an underage person, shall only be liable for any
  2  2 damages if the person knew or should have known that the
  2  3 underage person was under legal age.
  2  4                           EXPLANATION
  2  5    This bill relates to civil liability for social hosts
  2  6 providing alcoholic beverages to persons under legal age.
  2  7    Code section 123.92 is amended to extend civil liability to
  2  8 a person who deliberately and knowingly makes available a
  2  9 receptacle containing beer, wine, or intoxicating liquor to an
  2 10 underage person with direct knowledge that the underage person
  2 11 intends to consume the beer, wine, or other intoxicating
  2 12 liquor and the underage person becomes intoxicated and injures
  2 13 another person.  Current law provides that a person must
  2 14 physically present such receptacle to a person under legal age
  2 15 for that person to be liable for injuries caused by that
  2 16 intoxicated underage person.
  2 17 LSB 6393XC 82
  2 18 rh/rj/5